In the investigation of Certain Beverage Brewing Capsules, Components, Thereof, and Products Containing Same, Inv. No. 337-TA-929, the US International Trade Commission (ITC) recently issued a decision in which it declined to rescind an exclusion order issued against a defaulted party despite a district court’s summary judgment ruling that the party did not infringe the patent, though the practical effect was muted because the ITC also found no current violation of the order that would justify enforcement.

In a new blog post about this investigation by our sister publication, Global IP & Privacy Law Blog, we share some insights on the ITC decision, as well as discuss other ongoing cases that may be affected by the fluidity of the Section 337 law.